MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 22, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the City of Encinitas City Council, the City of Encinitas is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically.
This was not an in -person meeting.
1. CALL TO ORDER
Deputy Mayor Mosca called the meeting to order at 6:01 p.m.
2. ROLL CALL
3. 4.
Present: Deputy Mayor Mosca, Council Members Kellie Shay Hinze, Tony Kranz, and Joy Lyndes
Absent: Mayor Catherine S. Blakespear
Also present: City Manager Antil, City Attorney Preziosi, Assistant City Manager Campbell, Director of Finance/City Treasurer McBroome, City Engineer Bankston, Planning Manager Gates, Senior Planner Koutoufidis, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamation Declaring the Month of July Parks and Recreation Month
Deputy Mayor Mosca read and presented the proclamation to Parks, Recreation and Cultural Arts Director Karlen
4B. Presentation of the Environmental Award Program Winners by the Environmental Commission Subcommittee
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Environmental Commissioner Carol Parker presented Environmental Awards to the following organizations: 1) Community Resource Center for the Non -Profit Organization Category; 2) The Nada Shop for the For -profit Business Category; and 3) James Wang for the Environmental Hero Category.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Peggy Walker spoke regarding AB 1690.
Gia Gonzales Schaake spoke regarding National Marijuana Facts week being held July 4-11, 2022.
Diane Grace spoke regarding SB 1097.
John Bottorff spoke regarding a ban on smoking, or vaping in multi -unit housing.
Suzanne Hume spoke regarding a ban on wood fires.
Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
Jessica Toth spoke in support of the Environmental Award Program Winners.
Naeem Miller spoke regarding the importance of clean air.
6. REPORT FROM CLOSED SESSION
No Closed Session was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Consent Calendar Item 8H was removed from the agenda by staff; and that regarding Consent Calendar Item 8Y, Attachment 1 (the budget resolution) was modified by staff to include an Exhibit B that ratifies budget amendments of $80,000 in both revenue and expenditures for recreation program expenses, which are offset by registration fees; and $650,000 for building inspection services offset by permit fees, and there is no fiscal impact to the General Fund.
8. CONSENT CALENDAR
Item 8U was removed from the Consent Calendar by a member of the public.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to close and adopt the amended Consent Calendar. Motion Carried. Ayes: Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: Blakespear.
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8A. Approval to waive the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Ordinances and resolutions shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Minutes of the June 8, 2022, Joint Special Meeting with SDWD. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants Lists. Contact Person: Finance Manager Dinh Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Adoption of an Ordinance amending and adding sections to the Encinitas Municipal Code relating to Non -Serialized, Unfinished Firearm Frames or Receivers and Non -Serialized Firearms. Contact Person: Assistant City Manager Campbell
Recommended Action: Adopt Ordinance No. 2022-08, "An Ordinance of the City Council of the City of Encinitas, California Amending Chapter 9.30 Firearms to Add Sections 9.30.030 and 9.30.040 to the Encinitas Municipal Code Relating to Non -Serialized, Unfinished Firearm Frames or Receivers and Non -Serialized Firearms."
8E. Memorandum of Understanding with the City of Carlsbad for Reimbursement of Pavement Rehabilitation and ADA (Americans with Disabilities Act) Curb Ramps on Olivenhain Road. Contact Person:
Engineer Edgeworth
Recommended Action: 1) Authorize the City Manager, in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the City of Carlsbad, in substantial form, for reimbursement from the City of Carlsbad for costs associated with pavement rehabilitation and ADA curb ramp upgrades on Olivenhain Road; and 2) Adopt Resolution No. 2022-69 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget" to allocate $84,137.81 in reimbursement funds from the City of Carlsbad to the FY 2022-23 Annual Pavement Rehabilitation Overlay and Slurry Project (CS23A).
8F. First Amendment to Agreement with McAlister Institute for a Full -Time Homeless Case Worker funded through the Community Development Block Grant (CDBG) Program to allocate additional funds. Contact Person:
Management Analyst Piano -Jones
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Recommended Action: Authorize the City Manager to execute the First Amendment to the Agreement with McAlister Institute, in an amount not to exceed $65,000, for a total of $390,000 to be expended by June 30, 2023, in substantial form, subject to review and approval of the City Attorney. 8G. Request to waive city fees for the Silver Age Yoga Outreach (SAYCO) Program held at the Encinitas Library Community Room and Cardiff Sports Park. Contact Person: Recreation Services Manager Stayton Recommended Action: 1) Approve waiving room rental and staffing fees for SAYCO to offer a one -hour senior yoga class at the Encinitas Library Community Room one day a week for a period of one year beginning July 1, 2022 and ending June 30, 2023; and 2) Approve waiving commercial use permit fees for SAYCO, for calendar years 2022 and 2023, to offer a one - hour senior yoga class at the Cardiff Sports Park Expansion area two days a week.
City Clerk Hollywood announced that this item was removed from the agenda by Staff.
81. Resolution accepting a report for state -mandated annual fire inspections in compliance with SIB 1205. Contact Person: Fire Marshal Schmidt Recommended Action: Adopt Resolution No. 2022-58 titled, "A Resolution of the City Council of the City of Encinitas, California Acknowledging Receipt of a Report Made by the Fire Chief of the Encinitas Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code." 8J. Amendment #2 to the Latitude 33 contract agreement for continued contractual support through Fiscal Year 2022-23. Contact Person: Senior Management Analyst Noel
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute contract Amendment #2, in substantial form, with Latitude 33 for continued services by $140,000, for a total not -to -exceed contract amount of $290,000, and to extend the terms through June 30, 2023.
8K. Reauthorization of the Opening Doors Program for FY 2022-23. Contact Person: Housing Services Manager Gutierrez
Recommended Action: 1) Review the sixth year (FY 2021-22) results to 06/22/22 Regular Meeting Page 4 Mtg. #2022- Bk#38, Page
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date of the Opening Doors Program; and 2) Authorize the City Manager to execute a Memorandum of Understanding with the Community Resource Center (CRC), in an amount not to exceed $138,700, for implementation of the seventh year of the Opening Doors Program in the City of Encinitas in substantial form, subject to the review and approval of the City Attorney. 8L. Contract Amendment with CJ Roberts, Inc. for Year 4 and Year 5 Consultant Services for Design and Preparation of Contract Documents for the Annual Citywide Pavement Rehabilitation Program. Contact Person:
Engineer I Edgeworth
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney to execute Amendment No. 3, in substantial form, for Year 4 and Year 5 consultant services. Year 4 not -to - exceed amount is $216,520 plus 15 percent contingency ($32,478) for a total of $248,998; and Year 5 not -to -exceed amount is $231,855 plus 15 percent contingency ($34,778) for a total of $266,633. The new total not -to - exceed amount over the five-year contract would be $1,034,809. 8M. Approval of Plans and Specifications, and Authorization to Advertise the B Street Sewer Main Improvements Project (CE04H). Contact Person:
Engineer I Edgeworth
Recommended Action: 1) Approve the plans and specifications for the B Street Sewer Main Improvements Project; 2) Authorize the advertisement of the B Street Sewer Main Improvements Project for construction bids; and 3) Adopt Resolution No. 2022-57 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for the Construction of the B Street Sewer Main Improvements Project, pursuant to Government Code Section 830.6."
8N. Approve Two As -Needed Engineering Land Surveying Services Contracts.
Contact Person: Senior Management Analyst Noel
Recommended Action: Authorize the City Manager to execute two contract agreements with 1) Michael Baker International and 2) Hunsaker & Associates, Inc., in substantial form, in consultation with the City Attorney, for a total not -to -exceed amount of $200,000 for each contract.
80. Contract Amendment #3 with Solana Center for Environmental Innovation for Environmental Education Services for Fiscal Year 2022-23. Contact Person: Environmental Programs Manager Steenblock.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment #3 in substantial form with Solana Center for Environmental Innovation (Solana Center) to provide environmental education services, for a total contract amount not - to -exceed $119,171.
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8P. Contract Amendment #2 with Wood Environment and Infrastructure Solutions, Inc. (Wood) to Provide Stormwater Program Implementation Support Services. Contact Person: Environmental Programs Manager Steenblock.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment #2 with Wood Environment and Infrastructure Solutions, Inc., authorizing an additional $79,245 for a total not -to -exceed contract amount of $169,845. 8Q. Parking enforcement services on Highway 101 and other locations on an as -needed basis. Contact Person: Senior Management Analyst Piatt Recommended Action: Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with ACE Parking for parking enforcement services in the amount of $71,341 annually for the initial three-year term total of $214,023. If the option to extend is exercised, the total agreement not -to -exceed total is $360,985.
8R. Second Amendment to the Agreement between City of Encinitas and San Elijo Joint Power Authority (SEJPA) for the provisions of buildings and land areas at the San Elijo Water Pollution Control Facility (WPCF) to accommodate certain maintenance crews and equipment. Contact Person:
Senior Management Analyst Piatt
Recommended Action: Approve and authorize the Director of Utilities/General Manager to execute the Second Amendment to the Agreement with SEJPA to accommodate the Wastewater Division maintenance crews and equipment.
8S. Review of the City's Conflict of Interest Code. Contact Person: City Clerk Hollywood
Recommended Action: Receive report and direct staff to bring back amendments to the City's Conflict of Interest Code.
8T. Contract Amendments for As -needed Construction Management and Inspection Services and As -Needed Engineering Services. Contact Person:
Engineer II Kirk
Recommended Action: 1) Authorize the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute amendments to the Kleinfelder Construction Services, Inc. (Kleinfelder), Dudek, IEC, Psomas, and WSP agreements, for additional As -needed Construction Management and Inspection Services capacity, in the amount of $500,000 per contract, for new total contracts not -to -exceed $922,015 (Kleinfelder), and $750,000 (Dudek, IEC, Somas, and WSP); 2) Authorize 06/22/22 Regular Meeting Page 6 Mtg. #2022- , Bk#38, Page
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the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute an amendment to the Nasland agreement for As -needed Engineering Services, in an additional amount of $200,000, for a total contract not -to -exceed amount of $500,000, and 3) Authorize the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute an amendment to the STC agreement for As - needed Engineering Services, in an additional amount of $200,000, for a total contract not -to -exceed amount of $450,000.
8V. Approval of Plans and Specifications, and Authorization to Advertise a Pedestrian Z Crossing Project (CS20G) on El Camino Real South of Via Molena. Contact Person: Traffic Engineer Bandegan
Recommended Action: 1) Approve the plans and specifications for a Pedestrian Z Crossing Project on El Camino Real; 2) Authorize the advertisement of the Pedestrian Z Crossing Project for construction bids; and 3) Adopt Resolution No. 2022-78 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of a Pedestrian Z Crossing on El Camino Real south of Via Molena, pursuant to Government Code Section 830.6."
8W. Citywide Landscape Maintenance Services Agreement Amendment No. 7 2022 to add Additional Services. Contact Person: Parks Operation Manager Norgard
Recommended Action: City Council authorizes the City Manager to execute Amendment No. 7 with Excel Landscape for Citywide Landscape Maintenance Services, in substantial form, in consultation with the City Attorney, adding additional sites and extra work in the amount of $111,980, for a total not to exceed $10,814,215 for the six -year term ending on November 30, 2022.
8X. Legislative position letter in support of proposed bill HR 6685 for the Spent Fuel Prioritization Act of 2022.Contact Person: Senior Management Analyst Piatt
Recommended Action: Approve the position letter in support of HR 6685 of the Spent Fuel Prioritization Act of 2022.
8Y. Fiscal Year 2021-22 Third Quarter Budget Status Report and Proposed Budget Amendments. Contact Person: Assistant Director of Finance Gallup Recommended Action: 1) Receive and file the Fiscal Year 2021-22 Third Quarter Budget Status Report; and 2) Adopt Resolution No. 2022-81 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget."
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
10 8U. Ratification of Amendment #2 to the Agreement with Fitch & Associates, LLC for additional scope of work, to include community outreach and education for the wildfire evacuation plan for the community of Olivenhain.
Contact Person: Fire Chief Stein
Recommended Action: Ratify, in consultation with the City Attorney, Amendment #2, in substantial form, with Fitch & Associates, LLC for additional scope of work in the amount not -to -exceed $30,500, for a total not -to -exceed contract amount of $124,490 and extend the terms through July 31, 2022.
Fire Chief Stein presented the staff report.
SPEAKER:
Bruce Ehlers spoke regarding the scope of work and public participation.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to ratify, in consultation with the City Attorney, Amendment #2, in substantial form, with Fitch & Associates, LLC for additional scope of work in the amount not -to -exceed $30,500, for a total not -to -exceed contract amount of $124,490 and extend the terms through July 31, 2022. Motion Carried. Ayes: Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: Blakespear.
ACTION ITEMS
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This appeal was withdrawn by the appellant on June 14, 2022, and only appears on this agenda because it was legally noticed.
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1013. Public Hearing to consider a timely -filed appeal of the Director's approval of a Coastal Development Permit (CDP) for the demolition of an existing single-family home and construction of a new single-family residence.
CASE NUMBERS: CDP-005197-2022/APPEAL-005466-2022;
APPLICANT: Nakshab Development & Design.; APPELLANT: Pamela Gran; LOCATION: 1425 Rubenstein Avenue (APN: 260-082-03). Contact Person: Senior Planner Koutoufidis
Recommended Action: Deny the appeal and uphold the decision of the Director and adopt draft City Council Resolution No. 2022-82.
Senior Planner Koutoufidis presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Hinze reported she had no disclosures.
Council Member Kranz reported that he had no disclosures.
Council Member Lyndes reported that she had no disclosures.
Deputy Mayor Mosca reported that he had no disclosures.
Deputy Mayor Mosca opened the public hearing.
Pamela Gran, appellant presented her appeal.
Soheil Nakshab, representing the applicant, reviewed the proposed project.
Jeff Goldberg, applicant, spoke regarding the project.
Deputy Mayor Mosca announced that there were no public speakers.
Soheil Nakshab, Michael Kinnear, and Jeff Goldberg, representing the applicant, presented their rebuttal.
Pamela Gran, appellant, presented her rebuttal.
Deputy Mayor Mosca closed the public hearing.
The applicant, appellant, and staff responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Mosca seconded to deny the appeal and uphold the decision of the Director and adopt City Council Resolution No. 2022-
82. Motion Carried. Ayes: Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: Blakespear.
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10C. City Council authorization to initiate amendments to the Housing Element of the General Plan and other relevant City policy documents to comply with Government Code Section 65863 and consistent with Program 1 E of the Housing Element to ensure that adequate sites remain available throughout the planning period. Contact Person: Planning Manager Gates Recommended Action: 1) Adopt Resolution No. 2022-79 titled "A Resolution of the City Council of the City of Encinitas, California, Initiating Amendments to the General Plan, Municipal Code, Specific Plans and Local Coastal Program to Comply with Government Code Section 65863, to Ensure that Adequate Sites Remain Available Throughout the Sixth Cycle Housing Element Planning Period."; and 2) Direct staff to develop a Request for Proposals for the Housing Element Update.
Planning Manager Gates presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Mosca seconded to: 1) Adopt Resolution No. 2022-79 titled "A Resolution of the City Council of the City of Encinitas, California, Initiating Amendments to the General Plan, Municipal Code, Specific Plans and Local Coastal Program to Comply with Government Code Section 65863, to Ensure that Adequate Sites Remain Available Throughout the Sixth Cycle Housing Element Planning Period"; and 2) Direct staff to develop a Request for Proposals for the Housing Element Update. Motion Carried. Ayes:
Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: Blakespear. 10D. City Council direction on a request for an affordable housing loan from Chelsea Investment Corporation (Chelsea) for the development of 40 affordable units of an approved 250-unit development located at 1150 Quail Gardens Drive (Fox Point Farms). Contact Person: Planning Manager Gates
Recommended Action: 1) Provide direction on moving forward with affordable housing loan request; and 2) If City Council directs to move forward with affordable housing loan request, authorize City Manager, in consultation with the City Attorney, to provide a letter of funding commitment and develop the necessary loan agreement documents providing up to $400,000 to Chelsea Investment Corporation for development of 40 affordable units, subject to submission of a revised affordable housing plan and the award of tax-exempt bonds and low-income tax credits on or before December 31, 2023.
Planning Manager Gates presented the staff report and responded to questions from the Council.
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COUNCIL ACTION:
Kranz moved, Hinze seconded to move forward with the affordable housing loan request and authorize the City Manager, in consultation with the City Attorney, to provide a letter of funding commitment and develop the necessary loan agreement documents providing up to $400,000 to Chelsea Investment Corporation for development of 40 affordable units, subject to submission of a revised affordable housing plan and the award of tax-exempt bonds and low-income tax credits on or before -December 31, 2023. Motion Carried. Ayes: Hinze, Kranz, Mosca. Nays: Lyndes. Absent: Blakespear.
11. INFORMATIONAL ITEMS
11A. Streetscape/EI Portal Update. Contact Person: City Engineer Bankston Recommended Action: Receive the oral report.
City Engineer Bankston presented an update of the Streetscape and El Portal Undercrossing projects and responded to questions from the Council. 11 B. Beacon's Beach Update. Contact Person: City Engineer Bankston Recommended Action: Receive the oral report.
City Engineer Bankston, Senior Engineer Widelski, and representatives from Scripps Institute of Oceanography presented an update on Beacon's Beach and responded to questions from the Council.
SPEAKER:
Alex Mrazek spoke regarding the Beacon's Beach bluff failure and beach access.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There was no Council Member initiated item.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Hinze reported on an NCTD Breeze Bus efficiency update and SANDAG.
14. CITY MANAGER REPORTS
No report was given.
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15. CITY ATTORNEY REPORTS
No report was given.
16. ADJOURNMENT
Deputy Mayor Mosca adjourned the meeting at 10:00 p.m.
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Kathy Hollywood, City Clerk/J?MoiWca, Deputy Mayor
By: Pete Weichers,
Deputy City Clerk
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